Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq) (No 2) [2024] NSWCA 286

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq) (No 2) [2024] NSWCA 286 Hearing dates: On the papers Decision date: 04 December 2024 Before: Ward P; Leeming JA; Mitchelmore JA Decision: 1. The second and third respondents pay the appellant's costs. 2. Set aside order 3 made on 1 February 2024 in the court below insofar as it concerned costs between the plaintiff on the one hand and the fourth and fifth defendants on the other, and in lieu thereof order that the fourth and fifth defendants pay the plaintiff's costs. 3. The moneys paid into Court by the plaintiff in the Court below as security for costs be paid out to the plaintiff together with any accrued interest. 4. The sum of $100,000 held in the trust account of the solicitor for the plaintiff as security for costs in the Court below is released and may be paid to the plaintiff. Catchwords: COSTS – security for costs – release of security following successful appeal – whether security should be continued pending potential application for special leave – no application made within time – security released Legislation Cited: Corporations Act 2001 (Cth), ss 201G, 206B Cases Cited: Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq) [2024] NSWCA 253 Rinehart v Welker (2012) 83 NSWLR 347; [2012] NSWCA 1 Category: Costs Parties: Blue Mirror Pty Ltd (Appellant) Tan & Tan Australia Pty Ltd (in liq) (First Respondent) Anthony Tan (Second Respondent) Australian Construction Company Pty Ltd (Third Respondent) Representation: Counsel: A Cheshire SC (Appellant) L Nguyen, solicitor (Second and Third Respondents)